39-418. JUDICIAL REVIEW OF DISTRICT BOARD’S DETERMINATION — EXCLUSIVE PROCEDURE. (1) Judicial review of a final determination of the district board may be secured by any person adversely affected thereby by filing a petition for review as prescribed by chapter 52, title 67, Idaho Code, in the district court of the county wherein he lives within thirty (30) days after receipt of notice of the district board’s final determination. The petition for review shall be served upon the district health director and the director of the department of health and welfare of the state of Idaho. The director may appear in any such hearing as a matter of right. Such service shall be jurisdictional and the provisions of this section shall be the exclusive procedure for appeal or review.
(2) If no appeal or review is sought within the time prescribed in (1) above, the final determination of the district board shall be conclusive as to factual matters decided therein and not subject to collateral attack in any proceeding to enforce its provisions.
History:
[39-418, added 1970, ch. 90, sec. 10, p. 218; am. 1973, ch. 29, sec. 10, p. 56; am. 1974, ch. 23, sec. 74, p. 633.]
Structure Idaho Code
Chapter 4 - PUBLIC HEALTH DISTRICTS
Section 39-401 - LEGISLATIVE INTENT.
Section 39-408 - ESTABLISHMENT OF DISTRICTS.
Section 39-409 - DISTRICT HEALTH DEPARTMENTS — ESTABLISHMENT — SERVICES.
Section 39-410 - DISTRICT BOARD OF HEALTH — ESTABLISHMENT.
Section 39-412 - MEETINGS OF THE DISTRICT BOARD — COMPENSATION OF MEMBERS.
Section 39-413 - DISTRICT HEALTH DIRECTOR — APPOINTMENT — POWERS AND DUTIES.
Section 39-414 - POWERS AND DUTIES OF DISTRICT BOARD.
Section 39-414A - AUDIT OF HEALTH DISTRICT FINANCES.
Section 39-416 - RULES ADOPTED BY DISTRICT BOARD — PROCEDURE.
Section 39-417 - HEARINGS BY DISTRICT BOARD — OATHS — WITNESSES — SUBPOENAS.
Section 39-418 - JUDICIAL REVIEW OF DISTRICT BOARD’S DETERMINATION — EXCLUSIVE PROCEDURE.
Section 39-420 - CIVIL ACTIONS BY DISTRICT BOARD — ENFORCEMENT OF ACT — ABATEMENT OF NUISANCES.
Section 39-421 - SPECIAL COUNSEL OF DISTRICT BOARD.
Section 39-423 - BUDGET COMMITTEE OF PUBLIC HEALTH DISTRICT.
Section 39-424 - COST OF MAINTENANCE OF DISTRICT — APPORTIONMENT TO MEMBER COUNTIES.
Section 39-424A - ADDITIONAL COUNTY AID TO DISTRICTS — PROCEDURES.